Agreement Purpose and Security. This Agreement is executed and delivered by Compost, Miami and Bedminster, to Lionhart, LHI and GEP, pursuant to the terms and subject to the conditions of the CCF Agreement. The pledge of or security interest in and to the Collateral, as otherwise granted or pledged under this Agreement, is hereby given by Compost, Miami and Bedminster, to Lionhart, LHI and GEP, to secure the timely, punctual, complete and full payment and discharge of the Indebtedness and the timely, punctual, complete and full performance and discharge of the Obligations, by and on the part of Compost, Miami and/or Bedminster, under and pursuant to this Agreement, the CCF Agreement, the Credit Documents and the Definitive Supplemental Documents, including, without limitation, all such Indebtedness and Obligations that relate to or arise from the Mortgage Note, and any and all modifications, amendments, restatements, extensions, renewals, supplements and replacements thereof, as any of the foregoing may be amended and/or restated form time to time and at any time, and all costs and expenses incurred or paid or incurred by Lionhart, LHI and/or GEP to preserve and protect the Collateral and to enforce the security interests of Lionhart, LHI and/or GEP therein, all of which Compost, Miami and Bedminster promise and covenant to pay and discharge all such Indebtedness when due and to perform and discharge all Obligations when due or required to be performed, without relief from valuation and appraisement laws and with attorneys' fees. The security interest in the Collateral shall remain, and shall not be released, unless and until all Indebtedness is paid in full and all Obligations are performed and discharged in full. Upon the payment in full of the Indebtedness and the performance in full of all of the Obligations, Lionhart, LHI and GEP shall take any such commercially reasonable action as may be requested reasonably by Compost, Miami and/or Bedminster to evidence any such termination.
Appears in 1 contract
Samples: Pledge and Security Agreement (Compost America Holding Co Inc)
Agreement Purpose and Security. This Agreement is executed and delivered by Compost, Miami and Bedminster, to Lionhart, LHI and GEP, pursuant to the terms and subject to the conditions of the CCF Agreement. The pledge of or and security interest in and to the Collateral, as otherwise granted or pledged under this AgreementPledged Compost Shares, is hereby given by Compost, Miami and Bedminster, to Lionhart, LHI and GEP, to secure the timely, punctual, complete and full payment and discharge of the Indebtedness and the timely, punctual, complete and full performance and discharge of the Obligations, by and on the part of Compost, Miami and/or and Bedminster, under and pursuant to this Agreement, the CCF Agreement, the Credit Documents and the Definitive Supplemental Documents, including, without limitation, all such Indebtedness and Obligations that relate to or arise from the Mortgage Note, and any and all modifications, amendments, restatements, extensions, renewals, supplements and replacements thereof, as any of the foregoing may be amended and/or restated form from time to time and at any time, and all reasonable costs and expenses incurred or paid or incurred by Lionhart, LHI and/or GEP to preserve and protect the Collateral Pledged Compost Shares and to enforce the security interests and pledge of Lionhart, LHI and/or GEP therein, all of which Compost, Miami and Bedminster promise have promised and covenant covenanted, and Compost reaffirms its undertakings, to pay and discharge all such Indebtedness when due and to perform and discharge all Obligations when due or required to be performedperformed in accordance with the terms and conditions set forth in the CCF Agreement, without relief from valuation and appraisement laws and with reasonable attorneys' fees. The pledge and security interest in the Collateral Pledged Compost Shares shall remain, and shall not be released, unless and until all Indebtedness is paid in full and all Obligations are performed and discharged in full. Upon , whereupon the payment Pledgees shall have the affirmative duty, in full of a commercial reasonable and prompt manner, to return the Indebtedness and the performance in full of all of the ObligationsPledged Compost Shares to Compost and, Lionhart, LHI and GEP shall take upon any such commercially reasonable action as may be requested reasonably request from time to time by Compost, Miami and/or Bedminster to evidence execute any such terminationdocuments, instruments or certificates necessary to terminate the security interest and pledge evidenced by this Agreement.
Appears in 1 contract
Samples: Compost Stock Pledge Agreement (Compost America Holding Co Inc)
Agreement Purpose and Security. This Agreement is executed and delivered by Compost, Miami and BedminsterMiami, to Lionhart, LHI and GEP, pursuant to the terms and subject to the conditions of the CCF Agreement. The pledge of or and security interest in and to the Collateral, as otherwise granted or pledged under this AgreementPledged Bedminster Shares, is hereby given by Compost, Miami and BedminsterMiami, to Lionhart, LHI and GEP, to secure the timely, punctual, complete and full payment and discharge of the Indebtedness and the timely, punctual, complete and full performance and discharge of the Obligations, by and on the part of Compost, Miami and/or and Bedminster, under and pursuant to this Agreement, the CCF Agreement, the Credit Documents and the Definitive Supplemental Documents, including, without limitation, all such Indebtedness and Obligations that relate to or arise from the Mortgage Note, and any and all modifications, amendments, restatements, extensions, renewals, supplements and replacements thereof, as any of the foregoing may be amended and/or restated form from time to time and at any time, and all reasonable costs and expenses incurred or paid or incurred by Lionhart, LHI and/or GEP to preserve and protect the Collateral Pledged Bedminster Shares and to enforce the pledge and security interests of Lionhart, LHI and/or GEP therein, all of which Compost, Miami and Bedminster promise have promised and covenant covenanted, and Compost reaffirms its undertakings, to pay and discharge all such Indebtedness when due and to perform and discharge all Obligations when due or required to be performedperformed in accordance with the terms and conditions set forth in the CCF Agreement, without relief from valuation and appraisement laws and with reasonable attorneys' fees. The pledge and security interest in the Collateral Pledged Bedminster Shares shall remain, and shall not be released, unless and until all Indebtedness is paid in full and all Obligations are performed and discharged in full. Upon , whereupon the payment Pledgees shall have the affirmative duty, in full of a commercial reasonable and prompt manner, to return the Indebtedness Pledged Bedminster Shares to Miami and, upon any reasonable request from time to time by Miami, to execute any documents, instruments or certificates necessary to terminate the security interest and the performance in full of all of the Obligations, Lionhart, LHI and GEP shall take any such commercially reasonable action as may be requested reasonably pledge evidenced by Compost, Miami and/or Bedminster to evidence any such terminationthis Agreement.
Appears in 1 contract
Samples: Compost Stock Pledge Agreement (Compost America Holding Co Inc)
Agreement Purpose and Security. This Agreement is executed and delivered by Compost, Miami and Bedminsterthe Pledgors, to Lionhart, LHI and GEP, pursuant to the terms and subject to the conditions of the CCF Agreement. The pledge of or and security interest in and to the Collateral, as otherwise granted or pledged under this AgreementPledged Miami Shares, is hereby given by Compost, Miami and Bedminsterthe Pledgors, to Lionhart, LHI and GEP, to secure the timely, punctual, complete and full payment and discharge of the Indebtedness and the timely, punctual, complete and full performance and discharge of the Obligations, by and on the part of Compost, Miami and/or and Bedminster, under and pursuant to this Agreement, the CCF Agreement, the Credit Documents and the Definitive Supplemental Documents, including, without limitation, all such Indebtedness and Obligations that relate to or arise from the Mortgage Note, and any and all modifications, amendments, restatements, extensions, renewals, supplements and replacements thereof, as any of the foregoing may be amended and/or restated form from time to time and at any time, and all reasonable costs and expenses incurred or paid or incurred by Lionhart, LHI and/or GEP to preserve and protect the Collateral Pledged Miami Shares and to enforce the security interests and pledge of Lionhart, LHI and/or GEP therein, all of which Compost, Miami Compost promises and Bedminster promise and covenant covenants to pay and discharge all such Indebtedness when due and to perform and discharge all Obligations when due or required to be performed, without relief from valuation and appraisement laws and with reasonable attorneys' fees. The pledge and security interest in the Collateral Pledged Miami Shares shall remain, and shall not be released, unless and until all Indebtedness is paid in full and all Obligations are performed and discharged in full. Upon the payment in full of the Indebtedness and the performance in full of all of the Obligations, Lionhartwhereupon the Pledgees shall have the affirmative duty, LHI in a commercial reasonable and GEP shall take prompt manner, to return the Pledged Miami Shares to Compost and Mestre and, upon any such commercially reasonable action as may be requested reasonably request from time to time by CompostCompost and/or Mestre, Miami and/or Bedminster to evidence execute any such terminationdocuments, instruments or certificates necessary to terminate the security interest and pledge evidenced by this Agreement.
Appears in 1 contract
Samples: Compost Stock Pledge Agreement (Compost America Holding Co Inc)